Can a notarized parenting plan for relocating children from Pennsylvania to California be enforced without a court order?

Family Law

Richard

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Because no court has been involved and there is no existing custody order, the parenting plan you and the father completed is not a court-enforceable custody order in either Pennsylvania or California.

A privately signed or even notarized parenting plan is essentially a private agreement, not a judgment. California courts will not treat it as binding the way they would a court order.

Validity in CA: California will only enforce custody and visitation terms if they are part of a court order. A parenting plan created in Pennsylvania without court approval does not automatically become valid or enforceable in California.

Do you have to notify a court? Legally, no court notification is required right now because there is no custody case and no order in place. However, that also means either parent can change their mind at any time before a court order exists.

Relocation risk: Until there is a custody order, either parent technically has equal rights to the children. The father could withdraw consent at any time, even at the last minute. Notarization does not prevent him from changing his mind.

If he objects after you relocate, he could file in Pennsylvania, which would still have “home state” jurisdiction for the first 6 months after the move.

Important jurisdiction point (UCCJEA): Pennsylvania remains the children’s “home state” for 6 months after the move. During that 6-month window, PA courts would have authority if a dispute arises. California does not gain jurisdiction until the children have lived there for 6 months and no PA case is pending.

Bottom line: No additional form is required if you accept the legal risk. The parenting plan is not enforceable in CA. Notarization does not lock in consent. Without a court order, the father can legally change his position.

This is why parents who want certainty typically reduce agreements to a court order before relocation, even when relations are amicable.

Pennsylvania Custody (Parenting Plan) Agreement

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Father and I completed the parenting plan with template provided here. He is staying in PA and I am relocating with 2 toddlers to CA. He’s on board with everything and agrees to everything. Is there any other form I need to fill out?

Lexi, Chatbot

It sounds like you're navigating a significant transition with your parenting plan, and I understand how important it is to get everything right. Have you already filed the parenting plan with the court in Pennsylvania?

No court has been involved. We don’t want to take it to court.

Lexi, Chatbot

Are there any specific concerns or details about the relocation that you think might affect the parenting plan?

I hope not. Is the parenting plan filled out in PA valid in CA?

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance.

Richard

I understand you're dealing with a situation involving a parenting plan and relocation from PA to CA with your toddlers. Is there any specific concern about the validity of the parenting plan in CA?

Hello, nice to meet you. Thanks for assisting me.

Yes. We both live in PA and we have a 2-year-old and 3-year-old, and I want to move to CA with the girls. He is okay with that and gave me consent to take the kids with me. He will stay in PA but remain active in their lives.

We filled out a parenting plan but want to make sure it's valid in CA or if there is another document I have to fill out. We both don’t want to take it to court because we're being civil and reasonable with no arguments.

But do I have to notify a court or what’s my next step here?

And if I get the parenting plan notarized, is he still allowed to change his mind last minute when the time comes to move with the kids?

Richard

A privately signed or even notarized parenting plan is essentially a private agreement, not a judgment. California courts will not treat it as binding the way they would a court order.

If he objects after you relocate, he could file in Pennsylvania, which would still have “home state” jurisdiction for the first 6 months after the move.

This is why parents who want certainty typically reduce agreements to a court order before relocation, even when relations are amicable.

Thank you so much for clarifying. I appreciate it.

So even if I take it to court, how would I file that without making him the defendant since he gave consent and is on board with everything? Would the court approve even if he is on board with everything, or would it be an issue?

I definitely want to pursue a legal way/agreement even if through court, so we can move without issues later on.

Richard

You can file a joint petition or stipulation with the court. This means both you and the father agree on the terms and present them together to the court for approval. Since you're both on board, it won’t be an adversarial process. The court typically appreciates when parents come to an agreement on their own.

This way, the court can issue an order based on your agreed terms, making it legally binding and enforceable.

That’s a lot of great information. Thank you so much.

We also agreed on how much money he would send for support. Would the court still file support or make him pay their way, or will they respect the agreement he and I have? He does not want to be in child support but is willing to send our proposed amount monthly.

Richard

When it comes to child support, courts generally prefer to have a formal order in place to ensure the children's needs are met consistently. However, if both parents agree on an amount, you can present this agreement to the court.

The court will review your agreement to ensure it's fair and in the best interest of the children. If it meets these criteria, the court is likely to approve it and incorporate it into the official order.

This way, your agreed-upon amount becomes legally binding, providing security for both parties.

So we just show up to court and file together, but what do I say? “Hey I’m relocating with the kids and the father approves it and we need a court order”? How would I address our situation?

Richard

Unfortunately, I cannot give you legal advice on what to do or say. I can only answer general legal questions for educational purposes.

And also how long does this process usually take so I know when to start it?

Richard

The time it takes can vary depending on the court's schedule and how quickly you can get a hearing date. Generally, it might take a few weeks to a couple of months, so it's good to start the process as soon as you're ready.

That’s okay. You have been incredible and super helpful in this start of our journey. Is there a way I can submit a review for your great service?

Richard

I'm really glad I could help you today. Your kind words mean a lot. If you have any more questions or need further assistance, feel free to reach out anytime.

Richard

Take care and best of luck with your relocation and everything ahead.

Richard

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